The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- Exec. Order 9-20 §§ 2, 3, 7 (W. Va. Mar. 23, 2020) (Ex. WV-009)
- Issued
- 2020-03-23 Mar. 23, 2020
- Effective
- 2020-03-24 8:00 p.m. (read as 2020-03-24)
- End
- Amended May 4, 2020 (EO 32-20) and thereafter; formally terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21 para. 1) (read as 2020-05-04)
- In force
- Mar. 24, 2020 to May 4, 2020
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureTelework mandateGathering capWorkplace rulesOperating condition
- Addressees
- all businesses and operations in West Virginia; small businesses of five or fewer office employees; Essential Businesses and Operations
- Character
- order operating condition
- Collection
- Standing duties: West Virginia DUT-WV
Operative words
small businesses that do not invite in the general public and which have five or less employees in the office may continue to operate, but must ensure that proper social distancing and hygiene practices are maintained.... 7.... enforced by State and local law enforcement and by state and local regulatory and/or licensing bodies to the extent possible under West Virginia law
Penalty
Enforcement by law enforcement and by regulatory and licensing bodies (para. 7); warrantless arrest under W. Va. Code § 15-5-18 (Ex. DUT-WV-009)
What it required
Every business other than an Essential Business and Operation to 'cease all activities within the state except for such minimum basic operations' and remote-work facilitation; the small offices allowed to continue to do so only on the condition that they 'must ensure that proper social distancing and hygiene practices are maintained'; enforcement 'by State and local law enforcement and by state and local regulatory and/or licensing bodies.' The verb is 'must.'
Retrieval noteEvery later reopening clause (EO 32-20, 36-20, 37-20, 39-20, 40-20, 41-20, 42-20) repeats the same condition in the same words: 'may resume operations, but must ensure that proper social distancing and hygiene practices are maintained' (Exs. WV-026, WV-030, WV-031, WV-033 to WV-036).